Semenya v. Switzerland, ECtHR, 10934/21, 11/07/2023
Court: European Court of Human Rights
 | 2023

South African intersex female professional athlete excluded from competing in female athletic events due to her naturally elevated testosterone levels following the Court of Arbitration for Sport’s ruling on her infringement of the Worlds Athletics’ Differences of Sex Development Regulations providing for either the suppression of testosterone levels or the exclusion from the category – Violation of the right to non-discrimination in conjunction with the right to respect for private life, and the right to an effective remedy

Dissenting / Concurring: Pavli / Serghides / Grozev, Roosma, Ktistakis

Valaitis v. Lithuania, ECtHR, 39375/19, 17/01/2023
Court: European Court of Human Rights
 | 2023

Article 13 - Discontinuation of investigation into homophobic comments on the Internet not disclosing any prejudicial attitude by the authorities taking account of the Court’s case-law - Wide-ranging and multifaceted domestic measures combatting hate speech in response to Court judgment in Beizaras and Levickas

Dissenting / Concurring: Krenc

X v. the Czech Republic, ECtHR, 64886/19, 30/03/2023
Court: European Court of Human Rights
 | 2023

Article 8 (Positive obligations/Family life) - Reasoned decision enforcing return order of applicant’s child to the USA under the Hague Convention in compliance with Article 8 procedural requirements and with child’s best interests being primary consideration

Y v. France, ECtHR, 76888/17, 31/01/2023
Court: European Court of Human Rights
 | 2023

Article 8 (Positive obligations) - Refusal by national authorities to include the words “neutral” or “intersex” on the birth certificate of an intersex person instead of “male” - Choice of society at the discretion of the respondent State to determine the pace and extent to which requests from intersex persons in matters of civil status should be met, taking into account their difficult situation

Dissenting / Concurring: Kateřina Šimáčková/Mārtiņš Mits

C-405/20, CJEU, 05/05/2022
Court: Court of Justice of the European Union
 | 2022

Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC, Article 5(c) and Article 12, prohibition of indirect discrimination on grounds of sex –National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount

Judge Rapporteur: T. von Danwitz

C-625/20, CJEU, 30/06/2022
Court: Court of Justice of the European Union
 | 2022

Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Finding of indirect discrimination on the basis of statistical data, determination of the affected groups to be compared

Judge Rapporteur: A. Prechal

C‑2/21, CJEU, 24/06/2022
Court: Court of Justice of the European Union
 | 2022

Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents, national legislation of that Member State of origin not recognising the parenthood of persons of the same sex

Judge Rapporteur: M. Ilešič

2150, CSC, 25/01/2022
Court: Corte Suprema di Cassazione
 | 2022

Failure to make a timely diagnosis of foetal pathology - Pregnant woman’s inability to make her own decision as to voluntary termination of pregnancy after the 90th day of gestation - Compensation for damage caused by unwanted birth